With 106 votes in favor, the Senate approves the constitutional reform on the separation of careers. Now only the referendum is missing, scheduled in the spring of 2026.
Green light to the reform of justice: two CSM, high disciplinary court, draw for members. But it is the frontal clash between majority and oppositions. With 106 votes in favor, 61 against and 11 abstentions, the Senate gave the first definitive green light to Constitutional reform of justice which introduces the separation of careers Between judging magistrates and reporters. A crucial political passage, enthusiastically accepted by the majority of government, greeted with celebratory tones from Giorgia Meloni, Forza Italia And Carlo Nordiobut branded as an attack on the autonomy of the judiciary from PD, M5S, AVS and other opposition groups.
The measure, already approved by the Chamber, was confirmed without changes, thus closing the first parliamentary phase. The confirmation readings will arrive in autumna necessary step to start the process that will bring to Popular referendum expected in the spring of 2026.
Two careers, two higher advice, a high court
The reform affects deep on the constitutional architecture of the judiciary. The current article 104 of the Constitution is rewritten to formally sanction that the judiciary is divided into Two distinct careers: that judge and that requiating.
The new system involves the birth of Two separate CSMeach competent for one of the two orders. Both advice will be chaired by the President of the Republic and the highest positions of the Court of Cassation will include right.
But the real revolution lies in the Methods for selecting members: goodbye elections, the components will come Extracts. A third will be secular jurists chosen by lists voted by Parliament, the remaining two thirds will be magistrates drawn between those who have the requirements indicated by an ordinary law.
The discipline also changes: the high court is born
The disciplinary power entrusted to the CSM will be transferred to a new organ, theHigh disciplinary court. Will be composed of 15 memberswith one prevalence of togates but led by a president elected among secular members. The judgments of the high court they will no longer be challenged in the Court of Cassationbut only in front of one of its section in different composition. This novelty will also require Implementation laws within one year from the entry into force of the reform.
A reform symbol for the center -right
For Forza Italiathe vote of the Senate has an almost historical meaning: the design of the separation of careers was the workhorse of Silvio Berlusconi since the 90s. “A dream come true,” they said Antonio Tajani And Maurizio Gasparriwhile the former seat of the knight was symbolically occupied by Pierantonio Zanettin during the declaration of vote.
Giorgia Meloni He exulted by talking about “an important step for a more fair and transparent system”. Minister Nordio, for his part, defined the reform “a leap forward towards the implementation of the accusatory process wanted by Vassalli”.
Oppositions in the trench: “blow to the balance of powers”
The climate between the oppositions, which already prepare for one contrast referendum campaign. In the classroom, the protests of PD and M5S They were symbolic but decided: the Constitution shown upside down, the photos of Falcone and Borsellino combined with those of Berlusconi and Licio Gelli. The message is clear: the reform undermines the foundations of the rule of law.
Giuseppe Conte He spoke of “Drawing of Gelli”, while Roberto Scarpinato He accused the majority of wanting to consume “a revenge against the judiciary”. For Dario Franceschinithe new autonomous CSM of the prosecutors alone risks transforming them into “Superpolitiotti”. The Democratic Partyalthough divided into other themes, he reappeared on this front.
ANM: “An attack on jurisdiction”
The reaction of theNational Magistrates Associationaccording to which the “tame” reform the judges and reduces the guarantees for citizens. The promise is to mobilize up to the referendum to defend the independence of the judiciary.
Referendum on the horizon: occasion or boomerang
The real test will now be the popular consultation. The center -right aims to strengthen its leadership on an identity theme, but for the opposition it could become an opportunity for rekindle the consent on shared constitutional values. Franceschini himself has evoked a possible “papeete effect”, fear a boomerang that could overwhelm the premier If public opinion rejects the reform.
